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Posts made in January, 2013

Where Was Security When Two Men Shot In Altamonte Springs Apartment Parking Lot?

Posted by on Jan 31, 2013 in Negligent Security

I hoped that after the holidays I would stop seeing stories about people being shot out in common areas of Central Florida apartment complexes, but it seems that my hopes have been dashed. I was sad to see yet another article in the Orlando Sentinel on this topic – this time involving the Altamonte Villa apartment complex on Orienta Avenue. In a scenario similar to one I blogged about just a couple of weeks ago, three residents of the Altamonte Villa complex were approached by two men who apparently attempted to rob them. In the course of the robbery one of the residents was shot and another was pistol-whipped. The third resident was able to escape and call 911. Apparently, the assailants were last seen running away through the apartment complex. Although the article did not say so, I hope the two gentlemen who were injured are going to be okay. In situations like this one, the physical injuries are often overshadowed by feelings of helplessness and violation. As a Winter Park negligent security lawyer, I was particularly struck by the comment in the piece about the attackers running away through the complex.  Apartment complexes that know, or should know, of violence and criminal activity on or near their premises, have a duty to control the ingress and egress of people on to their property. Reading that the attackers were escaping through the complex makes me question how much control (or knowledge) the Altamonte Villa complex had about who was coming or going. If the apartment complex had information about violence or crime in the area over time, then more or heightened security would be in order. If an apartment complex does not use reasonable care in keeping residents safe, victims of violence or crime could have a valid negligent security claim. If you have any questions about negligent security cases, call us at...

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Spiked Emotions Can Have Disasterous Consequences For Florida Motorists

Posted by on Jan 27, 2013 in Motor vehicle accidents

Spiked Emotions Can Have Disasterous Consequences For Florida Motorists

Our local WFTV.com website recently featured a story that I thought would be worthwhile to share with our readers. This saga began in South Florida and involved a baby, the baby’s mother, and the baby’s father’s girlfriend. Apparently, the father of the child and his girlfriend were taking care of the baby when the mother decided she wanted to see the baby. The mother arranged a meeting with the father’s girlfriend at a neutral location so that the mother could visit with the child. When the girlfriend arrived with the baby, the mother of the baby apparently arrived with some backup in the form of several friends. Once at the neutral location, the two women got into a physical altercation which ended with the mother taking the baby, jumping into a waiting car, and leaving the location at a high rate of speed. Unfortunately, and ultimately tragically, the speeding vehicle crashed into another car as it sped away. The baby and a male in the mother’s group were actually thrown from the vehicle. While the baby survived and was taken to a hospital, the male friend of the mother’s did not. Our hearts certainly go out to the family of the man who died. As Florida automobile crash lawyers, we see this kind of story all too often. In this particular instance, it appears that the commotion involving the fight, the spiriting away of the baby, and speeding away from the scene all contributed  to this crash. While cell phones, and texting, and internet-enable devices get most of the attention when it comes to distracted driving in Florida, it is important to remember that drivers can be distracted by other factors. Sometimes people decide to drive immediately after some kind of emotional experience. It might be a physical fight, a heated argument, or even some difficult problem at work. Regardless, all of these things are still distractions, and can have devastating consequences if experienced while driving a car. By all means, if you have had a particularly emotional time before you are supposed to drive, take a few moments to collect yourself before you start your car and pull away from the curb. Please feel free to share any comments you have about this kind of distracted driving in the Comments section...

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What Is Constructive Notice In An Orlando Negligent Security Case?

Posted by on Jan 21, 2013 in Negligent Security

The Orlando Sentinel recently ran a story that I struck me as particularly instructive regarding Florida law as it applied to negligent security cases. The story involved the tragic death of one person, and significant injury to another, following a shooting at the NorthBridge apartment complex near the Mall at Millenia in Orlando. According to the report, law enforcement officials are not releasing the names of the victims at this time. The interesting thing to me, as an Orlando negligent security lawyer, was the second part of the Sentinel story, where the writer, Susan Jacobson, referenced another recent shooting in the same area around the Mall at Millenia. That shooting occurred at the Villages on Millenia, and involved another tragic, fatal shooting. One of the big challenges we face when we handle a Florida negligent security case is the issue of constructive notice. Constructive notice is the legal theory that can be used to hold a defendant accountable for information that the defendant “should have known” if the defendant has used reasonable care. Defendants in negligent security cases almost always argue that there is no way that they could have known that a violent act was going to happen to a victim on their premises. Constructive notice allows us to utilize data and other information regarding violent crimes and other activity in a certain geographic area to argue that a business owner in a particular instance should have anticipated a bad act and provided security against it. The news article referenced above, and that fact that there have been two fatal shootings in apartments near the Mall at Millenia in less than one month should move every apartment complex in that area into ACTION — beefing up security measures in every aspect of operations, in order to keep residents and guests safe from the kinds of crimes that are – now, very obviously — going on in that...

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